California S.B. 570 - Healthcare Facility Background Checks

08/04/2014

Sponsor: Senator Mark DeSaulnier (D)

Summary: Current version (7/2/2014): Establishes licensure and registration provisions relating to advanced alcohol and drug counselors and advanced alcohol and drug counselor interns, respectively, to be administered by the newly created Advanced Alcohol and Drug Counselor Licensing Board within the Department of Consumer Affairs. Authorizes the board to commence issuing these licenses and registrations on January 1, 2017. Makes it a misdemeanor offense for a person to style himself or herself or to hold himself or herself out to be a licensed advanced alcohol and drug counselor or advanced alcohol and drug counselor intern, without holding a license or registration in good standing under these provisions, and commencing on January 1, 2017, it would be unlawful for a person to engage in the practice of alcohol and drug counseling outside of a licensed or certified alcohol and drug treatment facility, unless at the time of so doing, the person holds a valid, unexpired, and unrevoked license or registration under these provisions.

Authorizes the board to assess related fees and penalties to be deposited into the Advanced Alcohol and Drug Counselors License Fund available, upon appropriation by the Legislature, to the board for the purposes of supporting licensing and registration activities. Provides various licensing and registration fees, until the board establishes different fees by regulation.

Requires a licensed alcohol and drug counselor working in a private practice setting to refer all clients to prescribed professionals, within 14 days of intake, to assess any co-occurring needs or disorders.

Outlook: At the scheduled hearing, the Committee on Appropriations will accept limited public testimony. A vote on this measure is expected at the hearing. Should the Committee determine this measure has a significant fiscal impact, it may place this measure in its suspense file for consideration at a later time. Per Joint Rule 61(b)(14), the committee has by August 15 to act on this measure.

This measure was withdrawn by the sponsor, amended and re-referred to the Committee on Appropriations. The author's amendment requires a licensed alcohol and drug counselor working in a private practice setting to refer all clients to prescribed professionals, within 14 days of intake, to assess any co-occurring needs or disorders.

The Committee on Business, Professions and Consumer Protection took up this measure during an unscheduled June 26 hearing. The measure was passed 8-5 and re-referred to the Committee on Appropriations for further consideration. Per Joint Rule 61(b)(17), the committee has by August 15 to act on this measure.

The Assembly Committee on Health recommended this measure for passage by a 10-2 vote during the June 24 hearing.

The Assembly amended and passed the measure 53-20 upon third reading.

The Assembly amended the measure on second reading. The amended version added additional specificity with respect to the criminal background check fees addressed in the measure, but did not alter it as it pertains to your issue scope.

During the August 30 hearing, the Assembly Appropriations Committee passed the measure by a vote of 17-0.

During the August 13 hearing, the Assembly Health Committee amended and passed the measure by a vote of 18-0. The amendment made technical and wording changes, but did not alter the issue scope of the measure.

The measure was earlier amended and re-referred back to the Assembly Health Committee. The amendment changed the scope of the measure from public record access to criminal background checks for alcohol or other drug counselors.

The measure passed the Senate by a vote of 39-0.

The measure is supported by the California Association of Alcoholism and Drug Abuse Counselors; the California Association of Addiction Recovery Resources; the California Certification Board of Alcohol and Drug Abuse Counseling; the California Foundation for the Advancement of Addiction Professionals; and the County Alcohol and Drug Program Administrators Association of California.

According to a staff member's measure analysis, the measure was introduced to implement recommendations of a recent California Senate Office of Oversight and Outcomes report, entitled "Suspect Treatment: State's lack of scrutiny allows unscreened sex offenders and unethical counselors to treat addicts." According to the analysis, the report indicates that a lack of criminal background checks is resulting in the certification of alcohol and other drug counselors who are a danger to their patients and recommends, at a minimum, that criminal background checks be completed for all persons that seek counselor certification. As introduced, the measure text related to open public meetings. It was then amended to pertain to public record access. The sponsor of this measure is a member of the majority party. Democrats control both chambers of the Legislature and the Governor's office.